El Paso Appellate Court Rules on Oilfield Products Liability

On October 14, 2021, the El Paso Court of Appeals reversed a trial court order striking a responsible third-party designation in an oilfield products liability action.  The case involves a frac sleeve assembly that working interest owners used to complete four horizontal wells in Andrews County,… Read more

Appellate Court Upholds RRC MIPA Order

On October 27, 2021, the San Antonio Court of Appeals upheld a Texas Railroad Commission denial and dismissal of an application made under the Mineral Interest Pooling Act.  The applicant was the mineral lessee of state-owned riverbed acreage, and the offset operator drilled and produced 16 Eagle… Read more

Eastland Appellate Court Considers Meaning of “Leased Premises”

On October 7, 2021, the Eastland Court of Appeals held in King Operating v. Double Eagle Andrews that all lands included within the definition of “leased premises” in a granting clause are not necessarily considered part of the “leased premises” for habendum clause purposes.   The lessors in… Read more

El Paso Court of Appeals Decides Lease Termination Claim

On September 20, 2021, the El Paso Court of Appeals released its decision in Tier 1 Resources Partners v. Delaware Basin Resources LLC, in which the Court applied a continuous drilling provision to a two-tract lease in Reeves County, Texas.   The lessors in Tier 1 executed oil and gas leases for… Read more

Texas Supreme Court Issues Decision on Pooling Ratification

By: Michael K. Reer   On June 11, 2021, the Texas Supreme Court issued its opinion in Strickhausen, in which the Court considered whether a lessor impliedly authorized a pooling agreement by depositing royalty checks calculated on a pooled basis.  The lease at issue required that the lessee… Read more

Inspector General Releases Report on USEPA Enforcement Activities

On May 13, 2021, the Office of Inspector General released Resource Constraints, Leadership Decisions, and Workforce Culture Led to a Decline in Federal Enforcement, a comprehensive audit of the U.S. Environmental Protection Agency’s compliance monitoring activities, enforcement actions, and… Read more

Opiela v. Railroad Commission of Texas.

TRAVIS COUNTY DISTRICT COURT HOLDS RRC LACKS AUTHORITY TO ISSUE PERMITS FOR ALLOCATION WELLS In April of 2021, the Opielas filed suit for judicial review of a permit issued by the Railroad Commission of Texas (“RRC”) in connection with an allocation well (the Audioslave A 102H Well) drilled by… Read more

Industry Update - April 19, 2021

      [1]Rig Count Overview & Summary Count as of April 16, 2021, BAKER HUGHES, https://rigcount.bakerhughes.com/rig-count-overview (last visited 04/19/2021); North America Rig Count, BAKER HUGHES, https://rigcount.bakerhughes.com/na-rig-count (last visited 04/19/2021) (follow “Rigs by… Read more

Industry Update - March 29, 2021

  [1]Rig Count Overview & Summary Count as of March 26, 2021, BAKER HUGHES, https://rigcount.bakerhughes.com/rig-count-overview (last visited 03/28/2021); North America Rig Count, BAKER HUGHES, https://rigcount.bakerhughes.com/na-rig-count (last visited 03/28/2021) (follow “Rigs by State –… Read more

Industry Update - March 15, 2021

      [1]Rig Count Overview & Summary Count as of March 12, 2021, BAKER HUGHES, https://rigcount.bakerhughes.com/rig-count-overview (last visited 03/15/2021); North America Rig Count, BAKER HUGHES, https://rigcount.bakerhughes.com/na-rig-count (last visited 03/15/2021) (follow “Rigs by… Read more

Industry Update - March 8, 2021

    [1]Rig Count Overview & Summary Count as of March 5, 2021, BAKER HUGHES, https://rigcount.bakerhughes.com/rig-count-overview (last visited 03/08/2021); North America Rig Count, BAKER HUGHES, https://rigcount.bakerhughes.com/na-rig-count (last visited 03/08/2021) (follow “Rigs by State… Read more

Industry Update - March 1, 2021

[1]Rig Count Overview & Summary Count as of February 26, 2021, BAKER HUGHES, https://rigcount.bakerhughes.com/rig-count-overview (last visited 03/01/2021); North America Rig Count, BAKER HUGHES, https://rigcount.bakerhughes.com/na-rig-count (last visited 03/01/2021) (follow “Rigs by State –… Read more

Industry Update - February 22, 2021

        [1]Rig Count Overview & Summary Count as of February 19, 2021, BAKER HUGHES, https://rigcount.bakerhughes.com/rig-count-overview (last visited 02/22/2021); North America Rig Count, BAKER HUGHES, https://rigcount.bakerhughes.com/na-rig-count (last visited 02/22/2021) (follow “Rigs… Read more

Industry Update - February 15, 2021

        [1]Rig Count Overview & Summary Count as of February 12, 2021, BAKER HUGHES, https://rigcount.bakerhughes.com/rig-count-overview (last visited 02/15/2021); North America Rig Count, BAKER HUGHES, https://rigcount.bakerhughes.com/na-rig-count (last visited 02/15/2021) (follow “Rigs… Read more

Industry Update - February 1, 2021

  [1]Rig Count Overview & Summary Count as of January 29, 2021, BAKER HUGHES, https://rigcount.bakerhughes.com/rig-count-overview (last visited 02/01/2021); North America Rig Count, BAKER HUGHES, https://rigcount.bakerhughes.com/na-rig-count (last visited 02/01/2021) (follow “Rigs by State… Read more

Industry Update - January 25, 2021

  [1]Rig Count Overview & Summary Count as of January 22, 2021, BAKER HUGHES, https://rigcount.bakerhughes.com/rig-count-overview (last visited 01/25/2021); North America Rig Count, BAKER HUGHES, https://rigcount.bakerhughes.com/na-rig-count (last visited 01/25/2021) (follow “Rigs by State… Read more

Industry Update - January 18, 2021

The U.S. Energy Information Administration forecasted in its January 2021 Short-Term Energy Outlook (“STEO”) that annual U.S. crude oil production will decline slightly from its 2020 levels as a result of decreased drilling activity stemming from continuing low oil prices.  However, the EIA… Read more

West v. Bode: The Ohio Marketable Title Act and Dormant Mineral Act

By: Timothy L. Thorne On December 2, 2020, in the case of West v. Bode, the Supreme Court of Ohio clarified that the Ohio Marketable Title Act (“MTA”) and the Ohio Dormant Mineral Act (“DMA”) are, “independent, alternative statutory mechanisms that may be used to reunite severed mineral interests… Read more